Can You Sue if You Are Partially At Fault in Indiana?
McGlone Law
January 2, 2024
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Call For A Free Consultation
Menu
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
If you have recently been involved in an accident and suffered a traumatic brain injury, you are probably still trying to recover and dealing with emotional trauma.
Brain and head injuries involve any severe blow to that area of the body, resulting in long-term physical and mental impairment. According to the Brain Injury Association of America, approximately 1.4 million people in the United States suffer a traumatic brain injury (TBI), including 50,000 fatalities.
If you have a traumatic brain injury as a result of an accident, you must seek qualified legal representation immediately to protect yourself and your future. McGlone Law of Terre Haute, Indiana is a personal injury law firm dedicated to assisting injury victims in obtaining maximum compensation for their traumatic brain injury settlement.
If you have been injured, contact our law offices, and ask to schedule a free case evaluation today.
Some common causes of traumatic brain injuries include:
Motor vehicle accidents
Physical and violent assaults
Slip-and-fall accidents
Sports injuries
Falling objects and collapsing structures
Medical malpractice
Motor vehicle accidents
Physical and violent assaults
Slip-and-fall accidents
Sports injuries
Falling objects and collapsing structures
Medical malpractice
At McGlone Law, we are committed to pursuing the compensation and justice our clients deserve. If you or a loved one sustained a severe brain or head injury due to the negligent actions of another party, it’s imperative that you seek legal assistance. Our team of brain injury attorneys in Terre Haute is ready to guide you step by step through the legal recovery process.
Out-of-pocket expenses you have because of the accident. These include: past and future medical bills, lost wages, loss of future earning capacity, and property damage.
Intangible losses that don’t have a fixed dollar amount and are subjective. These include: pain and suffering, loss of enjoyment of life, loss of companionship, and permanent disfigurement and scarring.
Punitive damages are awarded to punish the defendant for wrongdoing and to discourage others from repeating the behavior. These may be awarded when the defendant has acted intentionally recklessly or with gross negligence.
Our law firm is uniquely qualified to help personal injury victims recover damages that may be appropriate for their particular case. For example, Indiana law is stringent regarding allowing plaintiffs to try and recover punitive damages. In most instances, the injury victim is not entitled to file a claim for punitive damages simply because the defendant in the case acted negligently but not with willful intent to cause harm.
Nevertheless, an injury victim may recover punitive damages if it can be demonstrated that the other party knowingly acted in a manner that any reasonable person would believe had a probability of causing harm or injury.
If you feel that your case qualifies for punitive damages, you need to consult with a personal injury lawyer immediately. At McGlone Law, our lawyers have the experience to determine if your case qualifies for punitive damages and what amount would be appropriate to request in a settlement.
Brain injuries are categorized according to the type of head trauma sustained and the severity of the injury. While some injuries are quite minor and require a relatively short period to heal, others can be serious enough that it results in permanent physical and mental disabilities that require frequent medical treatment. Common types of these injuries are closed, open, and traumatic brain injuries.
Brain injuries can be tricky since the symptoms are often disguised as something else. Often personality or mood changes can be a sign or symptom of a brain injury. A proper medical diagnosis should also be the first step to determining if you or a loved one is suffering from a traumatic brain injury after an accident.
Symptoms of a brain injury may include the following:
Long-term impairment is common even after a period of healing for a brain injury survivor. Severe or traumatic brain injuries may leave the victim unconscious or in a coma. Brain death resulting in a fatality may give close family members grounds for a wrongful death claim.
We handle traumatic brain injuries resulting from an accident where you are not at fault. If you are partially at fault, we can still take your case as long as the other party is 51% or more at fault. Sometimes fault is unclear, so if you’ve suffered a traumatic brain injury call us at (812) 247-8416 today for a free, no-obligation consultation.
Currently we do not take medical malpractice cases.
Yes, you can. Multiple parties can be liable for the accident, and you shouldn’t assume that because you may have done something wrong, you are 100% at fault. Indiana follows a comparative negligence law. This law can mean that each party involved in an accident is assigned a percentage of fault, depending upon what they did or failed to do that helped to cause the accident. If you are assigned more than 51%, you are unable to pursue damages.
Several factors work together to establish fault after a car accident. Evidence includes pictures or videos of the scene and vehicles, police records, witness statements, and more. Read our blog to learn more about comparative negligence and partial fault.
The statute of limitations for most personal injury cases, including traumatic brain injuries, is two years. If you are under 18 years of age at the time of the injury, the two year time window starts on your 18th birthday.
Copyright©2024, McGlone Law – The Accidents & Injury Attorneys. All Rights Reserved.
